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AXA Car InsurancePolicy Booklet
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your policy| AXA car insurance
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Page 2 of 51ADM v.12.08
Your AXA Car Insurance Policy Document
Dear Customer
Thank you for buying a car insurance policy from AXA. We believe careful driving should berewarded and your insurance kept in safe hands. Together, experience counts.
We look forward to keeping you on the move for the next year.
Yours sincerely
Paul Evans
Group CEO, AXA UK and Ireland
ContentsYOUR CONTRACT OF INSURANCE ............................................................... ............................................ ............... 3
DEFINITIONS ............................................................................................................................................................. 4
SECTION A- ACCIDENTAL DAMAGE TO YOUR CAR ................................................. ............................................. 6
SECTION B FIRE AND THEFT ........................................... ................................................... .................................. 8
SECTION C - LIABILITY TO OTHER PEOPLE AND THEIR PROPERTY ............................................. ..................... 10
SECTION D - WINDSCREEN AND WINDOW DAMAGE ............................................. ............................................ 12
SECTION E - PERSONAL ACCIDENT ..................................................... .......................................... ....................... 13
SECTION F - ADDITIONAL BENEFITS ................................................... ............................................. ..................... 14
SECTION G - TERRITORIAL LIMITS AND FOREIGN USE .......................................... ............................................ 15
SECTION H - NO CLAIMS DISCOUNT ........................................................................ ............................................. 16
SECTION I: - DRIVER INJURY COVER OPTION ............................................................................................ ......... 17
SECTION J - COURTESY CAR OPTION ........................................................... .......................................... .............. 21
SECTION K - LEGAL ASSISTANCE SERVICE OPTION.......................................................................................... .. 23
SECTION L - BREAKDOWN OPTION ........................................... .................................................... ....................... 25
SECTION M - LOST CAR KEY COVER OPTION ........................................... .................................................... ........ 32
SECTION N
- WRONG FUEL COVER OPTION ............................................ ................................................... ......... 34
SECTION O - PERSONAL ACCIDENT PLUS OPTION ............................................................. ................................ 35
GENERAL POLICY EXCEPTIONS ................................................................................. ........................................... 36
GENERAL POLICY CONDITIONS ....................................................................... ................................................... .. 40
POLICY CANCELLATION .............................................. .................................................. ......................................... 43
MAKING A COMPLAINT ................................................ ................................................ .......................................... 45
MANAGING YOUR INSURANCE POLICY ............................................. ................................................... ................ 47
SHARING OF INFORMATION ............................................... ................................................. .................................. 49
CONTACT US ................................................... ............................................. ............................................... ............. 51
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Your Contract of Insurance
Thispolicy
document gives details ofyour
cover and it should be read along withyour
schedule
and
certificate
of motor insurance. Please take time to read through these documents thatcontain important information about the details
you
have given.You
should also showyour
policy
to anyone else who is covered under it.
For this contract to be valid, all the information thatyou
have givenus
must be true andcomplete to the best of yourknowledge and belief. If youdo not do so then yourinsurance maynot protect youin the event of a claim.
Youare required to update uswith any changes to yourinformation via My AXA Account.Inreturn for yourpremium, wewill provide the cover shown in your policyfor accident, injury, lossor damage that happens within the territorial limitsduring the period of insurance.
Youand wecan choose the law which applies to this policy. Wepropose that English Lawapplies. Unless
we
andyou
agree otherwise, English law will apply to thispolicy
.
The parties to this contract areyou
andus
. Nothing in this contract shall create any rights tothird parties under the Contracts (Rights of Third Parties) Act 1999 and no variation of thiscontract, nor any supplemental or ancillary agreement shall create any such rights unlessexpressly so stated. This does not affect any right or remedy of a third party which exists or isavailable apart from this Act.
Your Cover
Type of Cover Sections that Apply
Comprehensive Sections A to H apply.
Third party fire and theft Sections B, C, G, and H apply.
Optional services Sections I, J, K L, M, N and O only apply if statedon your schedule.
Please read all the exceptions and conditions that apply to each section ofyour policy.
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Definitions
These definitions apply throughout your policy.
Where weexplain what a word means that word will be highlighted in boldprint and will havethe same meaning wherever it is used in the policy.
There are further definitions in Sections I to O of the policy and those definitions only apply tothe section in which they are found.
Accessories
Parts or products specifically designed to be fitted toyour
car,
including spare parts but excluding
car
audio, telephone, child car seats, in-car
entertainment and/or satellite navigation systems.
Audio Equipment
Manufacturer permanently fitted car audio, telephone, in-car
entertainment and/ or satellitenavigation systems up to the limits shown in the schedule.
Car
Any private motor vehicle insured under this policy and described in your current certificate andschedule including any car provided under Section J (Courtesy Car Option).
Certificate
The certificateof Motor Insurance which provides evidence that youhave taken out insurance asrequired by law and in the event of a claim shows that youwere legally entitled to drive the car atthe time and location of the incident.
Excess(es)
The amount you must pay towards any claim even if the incident is not your fault. The excess isthe first part of any payment of a claim.
Market value
The cost of replacing your
car with another of the same make and model and of a similar age andcondition at the time of the accident or loss.
My AXA Account
Your own secure online area, hosted by us, where you can access your
policy details.
Named Driver
A person who is named on the certificate as entitled to drive.
Partner
Someone you have been living with (as if you are married or in a civil partnership with them) for atleast six months.
Period of Insurance
The period from the start date to the end date of your current policy.
Policy
This policy wording for your motor insurance together with your
schedule
and certificate.
Recommended Repairer
A repairer from our approved network, whom we will authorise to repair yourcar following a claimunder Section A (Accidental Damage to yourcar) or Section B (Fire and Theft) of this policy.
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Recycled
Parts that are recycled from other cars including parts denoted by the motor trade industry asgreen.
Schedule
The document which identifies the policyholder and sets out details of your
policy cover.
Territorial Limits
UK- refer to Section G (Territorial Limits and Foreign Use) for full details.
Trailer
Any form of trailer, caravan or car which is towed by acar
insured under thispolicy
.
UK
England, Scotland, Wales, Northern Ireland and includes the Isle of Man and the Channel Islands.
We/Us/Our
AXA Insurance UK plc.
You/Your
The person named as the policyholderon thecertificate.
Where
This policyis underwritten by AXA Insurance UK plc (except Breakdown (Section L)) andprovided by Swiftcover Insurance Services Limited.
AXA Insurance UK plc and Swiftcover Insurance Services Limited are wholly owned subsidiariesof AXA UK plc and are part of the AXA group of companies. The registered office of both AXAInsurance UK plc and Swiftcover Insurance Services Limited is 5 Old Broad Street, London,
EC2N 1AD. AXA Insurance UK plc is registered in England No. 78950; FSA No. 202312.Swiftcover Insurance Services Limited is registered in England No. 05298352; FSA No. 315373.
Details can be checked on the FSAs register by visiting the FSAs website atwww.fsa.gov.uk/register or contacting them on 0845 606 1234.
Weare covered by the Financial Services Compensation Scheme (FSCS).Youmay be entitled tocompensation from the scheme in the unlikely event wecannot meet ourobligations to you.This depends on the type of insurance, size of the business and the circumstances of the claim.Further information about the compensation scheme arrangements is available from the FSCS(www.fscs.org.uk).
http://www.fscs.org.uk/http://www.fscs.org.uk/http://www.fscs.org.uk/ -
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Section A - Accidental Damage to Your Car
We will pay:
for loss or damage to:
yourcar; its accessorieswhile in or on yourcar; its manufacturer fitted audioequipmentwhile in yourcar.
We
may
choose
to
pay:
to replace yourcarand/or accessories; or to repairyourcarand/or accessories; or an amount equal to the loss or damage.
Ifyour
car
cannot be repaired economically,we
will arrange for it to be moved to a place of freeand safe storage as soon as possible. The salvage of
your
car
will becomeour
property aftersettlement.
We may choose to repair yourcarwith recycled parts, where appropriate. Parts used may not have
been made by the car'smanufacturer but will be of a similar standard. If any lost or damaged partsare no longer available
, we
will pay an amount equal to the cost shown in the manufacturer's latestprice guide, together with reasonable fitting costs.
Ifyour
car
is damaged,we
will use one ofour
recommended
repairers
to repair it. Ifyou
choose notto use them,
we
may not pay more thanour
recommended
repairer
would have charged andwe
may choose to settle the claim by a cash payment.
If youhave bought yourcarunder a finance or hire purchase agreement, or are leasing it, anymoney owed to the company or bank involved will be paid directly to that company or bank firstand any balance of the agreed settlement sum will then be paid to you.
NewcarcoverIf
your
car
is less than one year old andyou
have been the first and only registered keeper and legalowner,
we
will replace it with a new one of the same make and model if it has suffered damagecovered by this section and the cost of repairing it will be more than 70% of the manufacturers last
UK
list price (including taxes).
The most we will pay:
We
will not pay more than the lesser of themarket
value
of thecar
at the time of the loss and theamount yourcaris insured for less any excesses. If youbought yourcarat a lower price than wouldnormally be found in
UK
trade guides,we
will reduce themarket
value
accordingly.
We will not pay:
for the sum of all policyexcessesshown in the schedule; for any amount over that shown in the schedulefor loss or damage to audio equipment; for loss or damage caused by wear and tear or loss of value; for loss or damage caused by rust or corrosion; for loss of road excise licence or fuel;
any part of a repair or replacement which improves your carbeyond its condition before theloss or damage took place;
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The most we will pay
Wewill not pay more than the lesser of the marketvalueof the carat the time of the loss andthe amount
your
car
is insured for less anyexcesses
. Ifyou
boughtyour
car
at a lower price thanwould normally be found in
UK
trade guides,we
will reduce themarket
value
accordingly.
for loss or damage caused by any mechanical, electrical, computer failure or breakdown orbreakage;
for loss or damage resulting from incorrectly maintaining or fuelling yourcaror from the use ofsubstandard fuel, lubricant or parts;
for damage to tyres caused by braking, punctures, cuts or bursts; for loss or damage arising from or in consequence of water freezing in the cooling circulation
system of yourcar; for loss of use or other indirect loss; for loss or damage as a result of theft, attempted theft, fire, lightning, or explosion under this
section of thepolicy
;
for the additional cost of modifications (including any change to the fuel system ormodifications for disability) other than those supplied and fitted by the manufacturer or theirapproved garage at the time of original registration;
for any costs due to loss or damage to keys (or keyless entry system); for the cost of any alternative transport under this section; for loss of value following repair.
Whereyour
car
is not toUK
specification (originally manufactured for sale as new in theUK
) and
any part, unit, or accessory of yourcarbecomes unobtainable or obsolete in pattern and thereforeout of stock in theUK
,we
will not pay for the following:
increased repair and replacement part, unit, or accessory costs due to non-availability and/orwaiting time delivery;
storage costs awaiting commencement of the repair to yourcar.
In the event of a total loss, ifyour
car
has a cherished registration number plate,we
will giveyou
30days from the date it is declared a total loss to transfer that cherished registration number onto aDVLA Retention Certificate in yourname. If youdo not tell usthat youwish to keep the cherishedregistration number plate, wewill dispose of it with the car.
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Section B Fire and Theft
We will pay:
For loss or damage as a result of theft, attempted theft, fire, lightning, or explosion to:
your car; its accessorieswhile in or on your car; its manufacturer fitted audioequipmentwhile in yourcar.
We may choose to pay:
to replace your carand/or accessories; or to repair your carand/or accessories; or an amount equal to the loss or damage.
Ifyour car
cannot be repaired economically,we
will arrange for it to be moved to a place of freeand safe storage as soon as possible. The salvage of
your car
will becomeour
property aftersettlement.
Wemay choose to repair your carwith recycled parts, where appropriate. Parts used may not
have been made by the car'smanufacturer but will be of a similar standard. If any lost ordamaged parts are no longer available,
we
will pay an amount equal to the cost shown in themanufacturer's latest price guide, together with reasonable fitting costs.
Ifyour car
is damagedwe
will use one ofour recommended repairers
to repair it. Ifyou
choosenot to use them
we
may not pay more thanour recommended repairer
would have charged and
we
may choose to settle the claim by a cash payment.
If youhave bought your carunder a finance or hire purchase agreement, or are leasing it, anymoney owed to the company or bank involved will be paid directly to that company or bank firstand any balance of the agreed settlement sum will then be paid to you.
New car cover
Ifyour car
is less than one year old andyou
have been the first and only registered keeper andlegal owner,
we
will replace it with a new one of the same make and model if it has sufferedloss or damage covered by this section and the cost of repairing it will be more than 70% of themanufacturers last
UK
list price (including taxes).
The most we will pay:
We
will not pay more than the lesser of themarket value
of thecar
at the time of the loss andthe amount your caris insured for less any excesses. If youbought your carat a lower price thanwould normally be found in
UK
trade guides,we
will reduce themarket value
accordingly.
We will not pay:
the sum of policy excessesshown in the schedule; any amount over that shown in the schedulefor loss of or damage to audio equipment; for loss or damage to the car,accessoriesor personal belongings due to deception or fraud; for loss or damage caused by theft or attempted theft if the carwas not properly locked or if
any window, roof opening, removable roof panel or hood was left open or unlocked;
for loss or damage caused by theft or attempted theft if the carwas taken by a member ofthe policyholders family or household, or taken by an employee or ex-employee of thepolicyholder or owner of the car. Except if that person is convicted of the theft;
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for loss or damage caused by theft or attempted theft if the keys (or keyless entry system)are left unsecured or unattended, or are left in or on the unattended
car
;
for loss or damage if any security or tracking device, which either wehave required youto fitor youhave told usis fitted to your car, has not been set, is not in full working order or, theannual network subscription for the maintenance contract of any tracking device has notbeen renewed;
for any loss or damage due to theft unless it has been reported to the Police and a crimereference number obtained; for loss or damage if wehave required youto fit and maintain a tracking system to your car
and the device fitted is not to TQA (Thatcham Quality Accreditation) standard;
for loss or damage to the carif, at the time of the incident, it was under the custody orcontrol of anyone with
your
permission who is not covered under thispolicy
;
for loss or damage caused by wear and tear or loss of value; for loss or damage caused by rust or corrosion; for loss of road excise licence or fuel; for the replacement of keys or locks due to theft of keys (or keyless entry system) unless we
agree thatyour
keys (or keyless entry system) were stolen by a person knowing the locationof
your car
andyou
continue to be insured withus
(the maximumwe
will pay in this
instance is 500); any part of a repair or replacement which improves your carbeyond its condition before the
loss or damage took place;
for any loss or costs from returning your carto its legal owner; for loss of use or other indirect loss; for the additional cost of modifications (including any change to the fuel system or
modifications for disability) other than those supplied and fitted by the manufacturer ortheir approved garage at the time of original registration;
any costs due to loss or damage to keys (or keyless entry system); for the cost of any alternative transport under this section; for loss of value following repair.
Where your caris not to UK specification (originally manufactured for sale as new in the UK) andany part, unit, or accessory of
your car
becomes unobtainable or obsolete in pattern andtherefore out of stock in the
UK
,we
will not pay for the following:
increased repair and replacement part, unit, or accessory costs due to non-availabilityand/or waiting time delivery;
storage costs awaiting commencement of the repair to your car.
In the event of a total loss, ifyour car
has a cherished registration number plate,we
will giveyou
30 days from the date it is declared a total loss to transfer that cherished registrationnumber onto a DVLA Retention Certificate in
your
name. Ifyou
do not tellus
thatyou
wish tokeep the cherished registration number plate,
we
will dispose of it with thecar
.
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Page 10 of 51ADM v.12.08
Section C - Liability to Other People and Their Property
We will pay:
Ifyou
have an accident which is caused by:
your car;
any trailerbeing properly towed (in accordance with both the law and manufacturers designspecifications) by your car(for which cover is provided under this section) unless the traileris being towed for hire or reward;
any cardriven by you, with the owners express consent, within the UKas long as: that
car
does not belong toyou
;
thecar
is insured by thecar
owner andyou
are entitled by thiscertificate
to drivesuch a car;
thecar
is not hired toyou
under a hire purchase agreement;
you
are permitted by thecar
owner to drive the car.
If that accident results inyou
being legally liable for:
a persons death or injury;
damage to their property. The most wewill pay is up to a maximum of 20,000,000(including all legal and other expenses) for any one claim or number of claims arising fromone cause.
On the same basis thatwe
coveryou
under this section,we
also cover:
any person driving your carwith yourpermission, but only if your certificatenames thatperson and allows that person to drive;
any person using, but not driving, your carwith yourpermission for social, domestic andpleasure purposes;
any passenger travelling in or getting into or out of your car; the employer or business partner of anyone covered under this section of your policyas long
as the certificateallows business use.
In the event of an accident involving acar
insured under this section,we
will also refund anypayments that anyone using the
car
has made under the Road Traffic Acts for emergencytreatment. (Any payments solely for emergency treatment will not affect
your
No ClaimsDiscount.)
In the event of an accident involving a car insured under this section,we
will pay for thefollowing legal costs if they relate to an incident which is covered by this section:
the fees of solicitors weappoint to represent anyone who is covered under this policyat acoroners inquest or fatal accident inquiry, or to defend any proceedings in a court ofsummary jurisdiction;
fees for legal representatives weask to defend anyone weinsure under this section when
proceedings are taken for manslaughter, dangerous driving or careless driving when underthe influence of drink or drugs causing death where there is a reasonable expectation ofsuccess.
We will not pay:
for any liability if any person insured under this section does not keep to the terms,exceptions and conditions of this
policy
;
for any liability for any person who either:
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Page 11 of 51ADM v.12.08
is aware that the named driverdoes not hold a valid licence to drive the carfor thereason it is being used; or
fails to take all reasonable care that the named driverobserves their licenceconditions.
legal costs and expenses incurred without ourwritten consent; for anyone killed or injured while they are working with or for the named driverof the car
unless wemust provide cover under the Road Traffic Acts; any liability, loss, damage, cost or expense while any caris being used at any power station,
extraction, production, refinery or storage premises for the nuclear, oil, gas, chemical,ammunition, explosive or pyrotechnic industries or at Ministry of Defence premises or at amilitary base. Except if the
car
is in an area designated for use by the general public;
more than ourliability under the Road Traffic Act if at the time of the accident the car youwere insured to drive is not specified in Part 1 Registration Mark of Vehicle of the certificate;
anyone weinsure under this section, if the claim relates to loss or damage to property thatbelongs to them (either as owner or as joint owner) or is in their care;
any loss or damage to the carcovered by this policy.
Our right to get back what we have paid
If, under the law of any country this policycovers youin, wehave to make a payment which wewould not otherwise have paid under this policy, wemay recover any claim payment from youorfrom the person who the claim was made against.
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Page 12 of 51ADM v.12.08
Section D - Windscreen and Window Damage
We will pay:
To repair or replace broken glass in your car'swindscreen or windows, and any
scratching to the bodywork caused by broken glass, as long as there has not been any
other loss or damage. Wemay choose to repair your carwith parts that may not have
been made by the car'smanufacturer but are of a similar standard. Any payment for
replacement of glass under this section will not reduceyour
No Claims Discount, (though
at yournext renewal youwill no longer be eligible for any increase in yourNo Claims
Discount according to ourdeclared scale). However, in order to obtain the full benefit
under this section the work must only be undertaken by ourapproved windscreen
repairer contactable via AXA Glass Claims on 0844 874 0333*.
The most we will pay:
If youdo not use ourapproved windscreen repairer, the most wewill pay for any
windscreen replacement claim under this section is 100 or 50 for any windscreen
repair.
We will not pay:
any excessshown in your schedule, unless the glass is repaired rather than replaced in whichcase no
excess
applies;
to repair or replace any other glass forming part of your carincluding sunroofs; to repair or replace any glass that is part of a removable or folding convertible roof; to repair or replace any windscreens or windows not made of glass; loss of use or other indirect loss; the cost of any alternative transport.
Where your caris not to UK specification (originally manufactured for sale as new in the
UK)and any part, unit, or accessory of your carbecomes unobtainable or obsolete inpattern and therefore out of stock in the UK, wewill not pay for the following:
increased repair and replacement part, unit, or accessory costs due to non-availability and/orwaiting time delivery;
storage costs awaiting commencement of the repair to your car.Glass excluded under this section may be covered under Section A (Accidental Damage
to Your Car) or Section B (Fire and Theft) ofyour policy, subject to the appropriatepolicy
excessesand with an effect onyourNo Claims Discount.
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Section E - Personal Accident
We will pay:
You
or any other adult inyour car
who is accidentally injured while travelling in or getting into orout of
your car
, whilst in theUK
, and this injury alone results within three calendar months in:
death; permanent and total loss of sight in one or both eyes; or loss of, or permanent and total loss of use of, one or more limbs at or above the elbow or
knee.
The most we will pay:
The mostwe
will pay the injured person or their legal representatives is the benefit shown in the
schedule
. This is the maximum benefitwe
will pay to any one person under this section in the
policy period of insurance
.
If the injured person is insured byus
against Personal Accident under any other motor insurancepolicy, benefit shall be recoverable under only one policy.
We will not pay:
for any injury or death resulting from suicide, attempted suicide or any deliberate attempt toself-inflict injury;
for any deliberate attempt to put lives in danger (unless to save a human life); anyone who at the time of injury or death has not reached their eighteenth birthday; for death or injury to youif youhave paid for additional personal accident cover, see Section
O (Personal Accident Plus Option of this Policy).
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Section F - Additional Benefits
Medical Expenses
We will pay:
Medical expenses up to the amount shown in theschedule
for each person injured as a result of
an accident involving yourcar, unless these costs are paid under any other motor insurancepolicy.
Personal Belongings
We will pay:
For loss of or damage to, clothing, child car seats and personal belongings caused by fire, theft,attempted theft or accident, while they are in
yourcar
.
The most we will pay:
For any one incident is the amount shown in theschedule
.
We will not pay:
For loss or damage to keys (or keyless entry system), any form of credit or debit card, money,stamps, tickets, securities, documents, audio systems, telephones, in-car entertainment, satellitenavigation systems or for goods or samples carried in connection with a business. Wewill alsonot pay for theft or attempted theft unless the items were locked in the glove-box or boot andwere not visible to people outside the car.
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Section G - Territorial Limits and Foreign Use
Territorial limits and using your car abroad
Thispolicy
provides the cover described inyour schedule
in theUK
.
It also provides the minimum cover youneed by law to use your carin the following countries:
Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,Spain, Sweden and Switzerland.
Policy cover abroad
Theterritorial limits
of sections A to H of thispolicy
are automatically extended to include thecountries listed above in Section G and during sea journeys between these places. Howevercover in these countries and during sea journeys is conditional upon
your
main permanentresidence being in England, Scotland and Wales and the visit being for less than 72 hours. No
cover is provided if the visit is originally planned to be for more than 72 hours unless youpurchased extended
policy
cover abroad for the entire length of the trip prior to leaving theUK
.
You
must have a booked return date back to theUK
beforeyour
trip commences. Ifyou
do not
we
will not be liable for any claim that occurs outside of theUK
(except for those under theRoad Traffic Act). If
your
intended trip is over 72 hoursyou
must have purchased Foreign UseExtension (FUE) prior to departing the UK. Wewill not be liable for any claim (except for thoseunder the Road Traffic Act) for an intended trip of longer than 72 hours where FUE was notpurchased.
If youhave to pay customs duty on your carin any of the countries because of loss or damagethat is covered by this policy, wewill pay these costs for you.
Extended policy cover abroad (FUE)*
The following only applies ifyou
have:
notified usprior to travelling that cover abroad is required;
agreed to pay an additional premium.*
*We
will limit the number of timesyou
can purchase this cover to 6 times in apolicy
year.
We
will extend theterritorial limits
for the agreed length of time abroad for all sections from Ato H that are operative on
your policy
, this will include the countries listed above in Section G.
Your car
will also be covered while being carried by a recognised carrier between or within thosecountries. If requested,
we
will also giveyou
an international motor insurance card (Green
Card).
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Section H - No Claims Discount
In the event of a claim being made or arising under this policy, yourNo Claims Discount atrenewal will be reduced in accordance with ourdeclared scale:
No Claims Discount at the
start of your current period
of insurance
At renewal yourNo Claims Discount
will be reduced to:
After 1 claim After 2 claims
0 years 0 years 0 years
1 year 0 years 0 years
2 years 0 years 0 years
3 years 1 year 0 years
4 years 2 years 0 years
5 years 3 years 1 year
6+ years 4 years 2 years
After 3 claims yourNo Claims Discountwill be reduced to zero years,irrespective of how many years you previously held.
The following will not reduceyour
No Claims Discount:
any payment made under Section D (Windscreen and Window Damage); any payment made under Section L (Breakdown Option); any payment made under Section M (Lost Car Key Cover Option) any payment made under Section N (Wrong Fuel Cover Option) any payment for emergency treatment fees under Section C (Liability to Other People and
Their Property);
claims where youare not at fault, provided wehave got back all that wehave paid from
those who are responsible.
If youhave chosen to protect yourNo Claims Discount (PNCD) then, in the event of one claim onyour policyin any period of insurance(up to a maximum of two claims in any consecutive threeyear period of insurance), yourNo Claims Discount will not be changed at yournext policyrenewal, after which yourNo Claims Discount will be reduced for each further claim inaccordance with
our
declared scale.
You
should note any change in the level ofyour
No Claims Discount is no guarantee thatyour
premium will not rise.
Your
No Claims Discount is not transferable to another person except in exceptional
circumstances and with ourwritten agreement. Details are available viaMyAXA Account.
If PNCD has been selected andwebecome aware of a subsequent claim or accident afterweissue youwith a renewal invitation,wewill revise the renewal quote and will have the right toremove PNCD from
your policy
.
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Section I: Driver Injury Cover Option
This section only applies if youhave agreed to pay any additional premium and theschedule states that this section is in force.
DefinitionsFor the purposes of this section the following definitions apply (and where applicablereplace any definitions shown elsewhere in this policy document):
Accident
A road traffic accident involving youas the named driveron your certificatethat occurs whilstyouare driving the carduring the periodof insurancewithin the territorial limits.
Compensation
The compensation thatwe
will pay under thispolicy section
. This will be assessed byus
andcalculated on the same basis as if you were an injured or deceased third party claimant andyour level of damages was assessed as a civil claim by the Courts of England, Wales orScotland but subject to the Terms and Conditions, Limitations and Exclusions of this
Policy
.
Dependant(s)
Your
financial dependants as defined by the Fatal Accidents Act 1976 (as amended) including,but not limited to,
your children
; spouse; civil partner; co-habitee of at least 2 years.
Full Payment Basis
The full value of the compensation, as if calculated on a full basis ignoring any reduction toreflect
your
degree of fault.
Injury or Injuries
Physical bodily injury, including psychological or psychiatric illness resulting from anaccident
.
Limit of Indemnity
The maximum compensation payable per accidentand in the aggregate for all accidentsoccurring during the
period of insurance
. This is the overall maximum amountwe
will pay toyouand/or your estate and/or the personal representatives of yourestate on behalf of yourdependants in respect of any claims arising from yourinjuryor death during the period ofinsurance.
Policy Section
Your
Driver Injury Cover policy section issued byus
.
Qualified Medical Practitioner
A doctor or a specialist who is registered or licensed to practice medicine under the laws of thecountry in which they practice other than a relative of the
named driver
.
State Benefits
Any statutory benefit, sick pay or income support which you(or yourestate or yourpersonalrepresentative on yourbehalf) are entitled to receive from the State by reason of yourinjuriesor death resulting from the accident.
You, Your
Thenamed driver
as declared tous
and specified in thecertificate
.
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We will pay:
You(or, in the event of yourdeath, yourestate or personal representatives of your estate onbehalf of yourdependants) for yourlosses resulting from your accidenton the same basis as ifyouwere an innocent third party. Wewill pay for yourgeneral damages, loss of earnings,medical treatment, care costs and any other eligible legally recognised financial losses arisingfrom your injuryor death due to an accidentfor which youwere at fault or partly at fault, subject
to the terms and conditions of this policy section.
The most we will pay:
is the compensation on a full payment basis reduced to reflect yourproportionatedegree of responsibility for the
accident
(for example, ifyou
are two-thirds to blame for the
accident
,you
will receive two-thirds of the compensation calculated on a full paymentbasis).
Your
degree of responsibility for theaccident
being decided byus
or, if applicable, asagreed between
us
and the insurer of any third party who may have suffered loss or injury inthe
accident
, or failing such agreement as may be determined by a court or other tribunaland subject to the law of the jurisdiction in which the
accident
occurred.
in respect of all accidentsduring the periodofinsuranceis 1,000,000 including all costs. in the event of yourdeath if yourestate or dependants are eligible to claim any death
in service benefit arising from youremployment at the time of death, the amount wewillpay will be limited to the difference between the amount received or entitled to be receivedby way of such death in service benefit and the amount that would otherwise have beenpayable as a result of yourdeath.
We will not pay:
1) Yourexcessas shown in the schedule.
2) for any liability, loss, damage, cost or expenses if one or more of the following apply:-
You
were aged less than 25 years old at the time of theaccident
; The
accident
did not occur during theperiodofinsurance
;
You
were not at least in part responsible for theaccident
; Yourinjury or death did not result directly from the accident;
Theaccidentdid not arise from a collision between the carwhilst being driven by
you
and another motor vehicle, person or object and which results directly indamage to
yourcar
;
You
failed to wear a seat belt (which shall include a disabled persons seat beltwhere applicable), without lawful excuse;
We
have not agreed to provide you with an indemnity under Section A (AccidentalDamage to
yourcar
) (although this may be subject to anexcess
for which nopayment is ultimately made) in respect of the
accident
.
You
are convicted of a criminal offence arising from theaccident
, for which thecourt have the power to impose a sentence of imprisonment of 2 years or more.
3) for any liability, loss, damage, cost or expenses if youwere getting into or out ofyourcar
or while loading or unloadingyourcar
at the time of theaccident
.
4) Yourlegal costs in pursuing or defending any claim or prosecution arising out oftheaccident
oryour
legal or other costs incurred in presenting a claim tous
underthis
policy
.
You must:
1) notifyus
as soon as possible of anyaccident
which could lead to a claim underthis policy.
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2) atyour
own expense, provideus
with any information or documentationwe
reasonably request, detailing the full circumstances of the accidentincludingany witnesses.
3) Informus
of any other insurance cover available toyou
as a result of theaccident
.4) not admit liability for the
accident
without prior express agreement fromus
or in any way impede or prejudice
our
investigations into the circumstancesof
youraccident
andyou
(and in the case ofyour
death,your
estate and/or
your
dependants) must fully co-operate withus
and our legal andmedical representatives.
5) giveus
a valid written receipt or discharge form for any compensationwe
pay to
you
under thispolicy
. However, in the event ofyour
death only the personalrepresentatives of
your
estate can provideus
with a valid written receipt ordischarge form (either on behalf of yourestate or yourdependants as the casemay be).
6) in the event that medical treatment is required: obtain appropriate medical treatment as soon as reasonably practicable after
youraccident
.Your
entitlement to payment for such medical treatment will besubject to the provisions set out under the heading Medical Treatment and CareCosts below.
supply all medical reports and any other relevant documents that werequestat
your
own expense for the purposes of our assessingyour
claim, except that
we
will be responsible for the cost of any report thatwe
commission for thepurposes of considering yourclaim.
co-operate with the qualifiedmedicalpractitionersand experts wenominate toconduct medical examinations or other enquiries or tests weconsider relevant forthe purposes of assessing or considering
your
claim.
We will:
if you(and/or yourestate and/or any of yourdependants) are eligible to claimcompensation or benefits under any other policy as a result of
youraccident
, theamount of compensation
we
will pay toyou
will be reduced by the amount to which
youare entitled under the other policy in respect of you(including death in servicebenefit arising from
your
employment at the time of death).
if wemake an overpayment due to any misrepresentation of the circumstances ofthe
accident
oryourinjuries
or losses,we
shall recover the overpayment fromyou
or
your
personal representatives or estate andyou
will be obliged to repayus
as soon aspossible.
We
reserve the right also to recover fromyou
interest on such overpaymentat the rate of 2% above Bank of England bank lending rate applicable over the periodfrom initial overpayment to point where werecover on the amount(s) outstanding.
if yousubsequently die as a result of the accidentafter wehave already paidcompensation in relation to
yourinjuries
then any amountwe
have paid thatexceeds the sum now properly payable as compensation shall be deducted from anycompensation owed to yourestate and/or the personal representatives of yourestate
in respect ofyourdependants to avoid overpayment, but wewill not seek to recoverany overpayment arising solely due to revaluation of
your
claim due toyour
subsequent death as a result of the
accident
.
Dispute Resolution
If there is a dispute betweenus
andyou
regarding the amount of policy compensationto be paid under this
policy
,we
andyou
agree to the matter being submitted toan independent arbitrator, being a suitably qualified solicitor or barrister who is an
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Associate, Member or Fellow of the Chartered Institute of Arbitrators with expertise inpersonal injury claims, for determination and whose decision will be binding upon bothusand you.
Loss of Earnings:
In the event of youclaiming under this section for Loss of Earnings:
The most we will pay for your loss of earnings:
is 65% ofyour
pre-accident
earnings calculated after deduction of tax and NationalInsurance (or equivalent), any
statebenefit
, sick pay and any individual or groupincome protection insurance payments received by
you
as a result of theaccident
. is 5,000 per calendar month (commencing on the third month after youraccident).
We will not pay for your loss of earnings:
for the first two calendar months loss of earnings due to theaccident
.Yourexcess
will be deducted from any payment to
you
for any later month(s).
Medical Treatment Care Costs:In the event ofyou
claiming under this section for Medical Treatment & Care Costs:
We will pay for your Medical Treatment and Care Costs:
expenses incurred withour
prior agreement where such treatment and care isreasonably recommended by an appropriately qualifiedmedicalpractitionerandhas been approved by usin advance (ourprior approval will not be required wheresuch treatment and care is of an emergency nature reasonably provided to youas aresult of the accident).
We will not pay for Your Medical Treatment and Care Cost:
any private medical treatment, medical and care expenses where reasonably
equivalent treatment and/or care are available through the UK National HealthService or other statutory providers (or through any reciprocal healthcare arrangementwith the
UK
provided within the European Union or elsewhere).
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Section J - Courtesy Car Option
Courtesy Car Plus only applies if youhave agreed to pay any additional premium and the schedulestates that this section is in force.
Definitions
For the purposes of this section the following definitions apply (and where applicable replace anydefinitions shown elsewhere in this
policy
document):
Courtesy car
Courtesy car company
The optional temporary carwe
will provideyou
with inthe event of a claim as described in the
schedule
.
The companywe
instruct to provideyou
with atemporary
courtesy car.
Ifyour car
is damaged and immobile or stolen and not recovered in England, Wales or Scotlandand if the event is covered by
your policy
under Section A (Accidental Damage to Your Car) or
Section B (Fire and Theft) then at ouroption, wewill either: arrange for youto be collected and taken from yourhome address, or any other address
within ten miles, and returned there after the period of hire, to the nearestcourtesy car
companylocation to take delivery of a courtesy car; or
deliver to and collect from yourhome address, or any other address within ten miles, acourtesy car
; or
if your caris driveable at ouroption wemay instruct youto collect yourcourtesy carfrom oneof
our
recommended suppliers as described inyour schedule
.
We will pay:
following loss or damage to your car, we will pay for the supply of a courtesy carduring theperiod your caris not roadworthy or while your caris with a motor repairer. In the event that
we regard the caras a write-off or the caris not recovered, the most we will pay is limited upto the time an offer is made in settlement of the claim;
if we cannot arrange a courtesy car, we will repay your alternative travelling costs up to amaximum of 15 per day;
if your carhas been specially adapted for a named driver with disabilities and we cannotarrange a suitable car, we will repay your alternative travelling costs up to a maximum of 15per day.
The most we will pay:
for acourtesycaror for alternative travelling costs is up to 14 (up to 21 if CourtesyCarPlushas been purchased) consecutive days and 21 (28 if
Courtesy
Car
Plus
has been purchased)
days in anyperiodofinsurance
.
if your caris insured for Third Party Fire & Theft cover only there is no cover to your insured carunder Section A (Accidental Damage to Your
Car
). We will only provide acourtesy
car
if youmake a claim under Section B (Fire and Theft) of this policy.
This section only provides a courtesy car. The courtesy carprovided by uswill be insured underyour policyunder Sections A to H and K but only if your scheduleshows that these sections applyto your policy. Policyterms and conditions will normally apply to the use of your courtesy caras ifit was yourown car. However:
if your caris insured for Third Party Fire & Theft cover only:
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you
will also be insured under Section A (Accidental Damage to Your Car) whilst usingthe courtesy car;
we
may amendyour excess
; refer toyour schedule
for details.
The courtesy carmay only be used in England, Wales or Scotland.Any claims occurring on the
courtesy car
will be made onyour policy
and may affectyour
NoClaims Discount.
In addition to the above, the terms and conditions of thecourtesy car company
are incorporatedinto and will apply as part of this section of this
policy
.You
will receive a copy of these terms andconditions when a
courtesy car
is supplied toyou
, in particularyou
will be required to show adriving licence for each
named driver
of thecourtesy car
to thecourtesy car company
andyou
may be required to pay a deposit (refundable on return of the
car
undamaged and without anyunpaid charges or fines against the
car
e.g. for parking or driving in a congestion zone). However ifthere is any conflict between the terms and conditions provided by the
courtesy car company
andthose applicable to this
policy
, those applicable to thispolicy
will prevail.
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Section K - Legal Assistance Service Option
This section only applies ifyou
have agreed to pay any additional premium and theschedule
states that this section is in force.
DefinitionsFor the purposes of this section only the following definitions apply (and where applicablereplace any definitions shown elsewhere in this policydocument):
Costs Standard professional fees and costsreasonably and necessarilycharged by the lawyer. It also covers youropponents costswhich youare ordered to pay by a court and other costs we agree, in writing, topay.
Lawyer The solicitor, barrister or expert that weappoint under this section torepresent
you
according toour
standard terms of appointment.
Uninsured losses Losses that you cannot recover from any insurance policy.
We will pay:
Thecosts
for recoveringuninsured losses
which arise directly from an event insured in sectionsA to J of
your policy
within theterritorial limits
and during theperiod of insurance
for whichyour
car
is insured withus
which causes:
yourdeath or injury; damage to your car; damage to any property in your carwhich youown or are legally responsible for; or any other
uninsured lossesyou
suffer.
We
or thelawyer
will seek to settle the claim without going to court. However at any timewe
can carry out the claim in
your
name.We
reserve the right to settle a claim by paying the fullamount in dispute.
The most we will pay:
The most wewill pay will be 100,000 for any claim or claims arising from any one incident.This total includes all yourcostsand all youropponents costs.
We will not pay:
charges or payments youreceive or make before weaccept the claim; costs youincur or payments youmake without ouragreement; costsdue to an agreement or contract between youand anyone else (including the lawyer)
without ourpermission;
claims for an accident which is not covered under your policy; costsif youwithdraw instructions from the lawyer, dismiss the lawyeror withdraw fromlegal proceedings without ourpermission;
costsif youfollow up the claim other than in accordance with ouradvice or that of ourlawyer
;
costsinvolved in disputes between youand usor ouragents or in connection with thispolicy;
coststhat can be recovered from any other source or insurance policy;
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costsfor any legal proceedings or claim outside England, Scotland or Wales unless weagree otherwise in writing;
costsif, in ourreasonable opinion, youare not likely either to be successful in yourclaim fordamages or the person(s) from whom
you
are claiming are unlikely to be able to pay thedamages;
further costsif during a claim youdo not accept a reasonable offer to settle or if it is no
longer likely that youwill be successful with yourclaim; claims:
o brought about by youdeliberately doing or not doing something;o if youmake a false declaration that affects the handling of this claim;o if youmade a false declaration when youincepted the policyor made any
subsequent amendment to the policy;o if at the time of the event this policysection was not in force;o if at the time of the accident, your caris being driven or used for a purpose that
is not allowed by this policy;o if
you
are responsible for unreasonable delay which affects the claim.
claims due to faults in your carwhether or not this is due to a faulty or incomplete service orrepair;
claims arising from any computer program, microchip integrated circuit or similar devicefailing to function correctly;
legal costs, fines, compensation and penalties that youare ordered to pay by a court orother authority.
You must:
tell usabout yourclaim as soon as possible; give usand our lawyerall information required to handle yourclaim, at yourexpense; fully co-operate with the lawyerand us; not do anything which might damage yourclaim; tell usabout any developments affecting yourclaim; tell usif anyone makes a payment into court or offers to settle yourclaim;
seek to get back any coststhat wehave to make, and pay them to us.
If youdo not keep to these conditions, wemay cancel this section, refuse any claim or withdrawfrom any current claim.
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Section L - Breakdown Option
This section only applies ifyou
have agreed to pay any additional premium and theschedule
states that this section is in force.
Definitions
For the purposes of this section only the following additional / alternative definitions apply (andwhere applicable replace any definitions shown elsewhere in this
policy
document):
Breakdown An electrical or mechanical failure to the car, whichimmediately immobilises the
car.
Claim Any insured incident within the scope of the cover provided by
this section ofyour policy
.Duration
The period that begins with the date ofyour
departure fromthe UKand ceases upon yourreturn to the UKfor a period notexceeding 90 days.
Period of insurance The period from 24 hours after the first start date of the coverprovided under this section to the end date of yourcurrentpolicy(or the end date of this section if earlier).
Rescue operator Person(s) that wewill send to attend a reported breakdown.Rescue team The control team that youring to report a breakdown.Trailer A single caravan or trailer that is attached to the carat the
time ofbreakdown
and does not exceed 7.0104 metres (23feet) in length.
We/ Us/ Our AXA Assistance (UK) Ltd and Inter Partner Assistance SA.
This option is underwritten by Inter Partner Assistance SA who are a wholly owned subsidiary ofAXA Assistance SA and part of the worldwide AXA Group. AXA Assistance operates the 24-hourmotoring assistance helpline. This insurance is effected in England and is subject to the Laws ofEngland and Wales.
There are four levels of Breakdown cover available under this section:
AXA Roadside AXA Rescue AXA Rescue & HomeAssist AXA European
AXA Roadside
Ifyour car
breaks down more than one mile fromyour
home,we
will provide roadsideassistance.
We will pay:
for a rescue operatorto attend your car breakdownincluding all call out fees and mileagecharges needed to repair or assist with the
car
at the roadside in accordance with the
policy;
if, in the opinion of our rescue operator, they are unable to repair the carat the roadside wewill:
pay for youand up to 6 passengers, your car and an attached trailerto be recovered towhichever one of the following locations is closest and within 10 miles of the:
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original destination; original departure point; nearest garage.
pay any necessary ferry and toll fees as part of the recovery within theUK
only;
in the event that youlose or break yourkeys, wewill pay for the call out and mileage backto our rescue operatorsbase. All other costs incurred will be at yourexpense;
for two messages to be forwarded to either yourhome or place of work to advise of yoursituation.
We will not pay:
for travel outside of the UK; for breakdownwithin one mile of yourhome; for car recovery greater than 10 miles from yourlocation at the time of breakdown.
AXA Rescue
Ifyou
have opted and paid for AXA Rescue, it includes all the same benefits as AXA Roadside,plus if in the opinion of
our rescue operator
, they are unable to repair thecar
at the roadsidethen:
We will pay:
and arrange in the first instance for your car, an attached trailer, youand up to 6passengers to be taken to the nearest garage able to undertake the repair.
and arrange, if the above is not possible at the time or the repair cannot be made within thesame working day, for
your car
, an attachedtrailer
,you
and up to 6 passengers to be takento
your
home or original destination.
for the following services which are offered on a pay and claim basis, which means that youmust pay initially and
we
will sendyou
a claim form to complete and return forreimbursement. Before arranging these services, authorisation must be obtained from
our
rescue teamwho will only reimburse claimswhen weare in receipt of a validinvoice/receipt. The policywill only pay for a group 1 car hire rate:
ifour rescue team
decide to provide overnight accommodation,we
will pay a maximumof 60 for a lone traveller or 40 per person for one night for youand up to 6passengers. The maximum per incident is 240; or
ifour
repairingrecovery operator
is unable to repairyour car
within the same workingday or a period agreed between youand our rescue team, wewill pay up to 100(maximum) towards the cost of alternative transport or car hire. Wewill also pay thecost of a single standard rail ticket for one person to return and collect the car. Thepolicy
will only pay for a group 1 hire car rate and this service can only be used tocomplete a journey whilst
your car
is being repaired a minimum of 20 miles away from
your
home address.
We will not pay:
for travel outside of the UK; for breakdownwithin one mile of yourhome.
AXA Rescue HomeAssist
Ifyou
have opted and paid for AXA Rescue & HomeAssist, it includes all the same benefits asAXA Roadside and AXA Rescue plus
we
will pay:
if the carbreaks down at yourhome address or within one mile, wewill pay for a rescue
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operatorto attend the car breakdownand arrange to pay call out fees and mileage chargesneeded to repair or recover the carto a local garage.
We will not pay:
for travel outside of the UK.
AXA European
Ifyou
have opted and paid for AXA European, it includes all the same benefits as AXARoadside, AXA Rescue and AXA Rescue & HomeAssist, plus the following:
We
will provide abreakdown
service in a number of European countries where the maximum
duration
of any single trip does not exceed 90 days. Please ensureyou
carryyour
V5registration document with
you
duringyour
journey.We
will require detailed information fromyou
regarding the location ofyour car
.We
will need to know ifyou
are on an outward or inwardjourney and details of
your
booking arrangements. Whenwe
have all the required information
we
will liaise withour
European network.You
will be kept updated and therefore,you
will beasked to remain at the telephone number
you
called from. Countries covered forbreakdown
under this cover are:
Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden and Switzerland.
For assistance in Europe call 00 44 1737-815632.
We
will send help to the scene of thebreakdown
and arrange to pay call out fees and mileagecharges needed to repair or assist with the car.
If during yourjourney yourcarbreaks down and it is not safe to drive, and it will take at least
forty eight hours to repair, or if it is stolen and not recovered within forty eight hours, wewillarrange and pay for the most appropriate solution from one of the following options:
1. To moveyou, your
passengers and luggage to whereyou
were originally travelling to, andthen, once
your car
has been repaired, takeyou
back toyour car
or bringyour
car
toyou
.
2. The cost of hiring another car whileyour car
is being repaired.We
will pay up to 70 a dayand 750 in total, as long as
you
are able to meet the conditions of the hire-car company.
3.We
will pay for bed and breakfast costs of up to 30 for each person each day (500 in totalfor everyone in
your
group) whileyour car
is being repaired, as long asyou
have already paid for
your
original accommodation andyou
cannot getyour
money back.
If you can't use your own car to get home
What is covered
If after a breakdown your caris still not repaired or safe to drive when it is time for youto gohome, wewill pay for suitable transport to get you, yourpassengers and yourluggage home,and up to 150 towards other travel costs in the UKwhile youwait for yourown car. Wewillselect the most appropriate solution from one of the following options:
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take yourcarto yourhome or yourchosen repairer in the UK; or pay the cost of one rail or sea ticket (or an air ticket if the rail or sea trip would take more
than 12 hours) foryou
to go to getyour
car
once it has been repaired or found; and
pay any storage charges (up to 100) while yourcaris waiting to be repaired, collected ortaken home.
General Notes Relating to EuropeIf youbreakdownon a European motorway or major public road, weare generally unable toassist and youwill often need to obtain assistance via the SOS phones. The local services willtow youto a place of safety and youwill be required to pay for the service as soon as possible.Youcan then contact usfor further assistance. Wewill pay a maximum of 60 towardsreimbursement of the costs, but wewill only reimburse claimswhen weare in receipt of a validinvoice/receipt. Payment will be made in accordance with the exchange rate on the date of the
claim
.
Ifyou
have broken down in a European Country during a Public Holiday, many services will beclosed during the Holiday period. In these circumstances,
you
must allowus
time to assistyou
and effect a repair to
your car
.We
will not be held liable for any delays in reachingyour
destination.
We will not pay:
ferry and toll fees in the countries stated for the European extension of cover; service where repatriation costs exceed the market valueof the car; repatriation to the UKwithin 48 hours of the original breakdownregardless of ferry or
tunnel bookings for the homebound journey or pre arranged appointmentsyou
have madewithin the
UK
;
repatriation if the carcan be repaired but youdo not have adequate funds for the repair.
General Notes
Uninsured Service
Wecan provide assistance for faults that are not covered under this insurance policyor whereyouwould like usto assist additional passengers who exceed the maximum of 6, stated withinthis policy. All costs (including an administration fee) must be paid for as soon as possible bycredit or debit card. If
you
wish to use this service please call0845 604 1635 and request the pay on use service.
Exclusions under this Section
With regard to anyclaim
under this section:
Wewill not pay for:1) any repairs undertaken at the rescue operatorspremises or any garage. (This forms a
separate contract between youand the garage);
2) any trailer breakdownor the recovery of the trailerif the cardoes not breakdown;3) any
car
not registered withus
and not described onyour policy
;4) minibuses, vans, commercial vehicles or limousines;5) any
breakdown
or recovery outside theperiod of insurance
;6) cars over 10 years old for cover in Europe unless the appropriate additional annual
premium has been paid;7)
breakdowns
caused by failure to maintain thecar
in a roadworthy condition includingmaintenance or proper levels of oil and water. If, in the opinion of
our
rescue operator
, thecaris found to be unroadworthy due to lack of maintenance, unless servicing records can
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be provided, wemay terminate yourpolicyimmediately notifying you, by letter, what actionwehave taken;
8) failure to comply with requests by us, the rescue teamor our rescue operatorsconcerningthe assistance being provided;
9) thecar
running out of fuel;10) services that cannot be affected because the
car
does not carry a serviceable spare wheel,aerosol repair kit, appropriate jack, or the locking mechanisms for the wheels are notimmediately available to remove the wheels;
11) any costs where thecar
cannot be reached or is immobilised due to snow, mud, sand orflood or where the
car
is not accessible or cannot be transported safely and legally using astandard transporter;
12) costs arising out ofyour
overloading of thecar
or carrying more passengers than it isdesigned to carry;
13) the cost of any parts, components or materials or lubricants used to repair the car;14) repair and labour costs other than half an hour roadside labour at the scene;15) any costs or expenses not authorised by
our rescue team
;16) the cost of food, drinks, telephone calls or other incidentals;17) the cost of alternative transport other than to
your
destination and a return trip to collect
your
repairedcar
;
18) the cost of fuel and oil for a hire car or insurance for a hire car;19) service if
you
already oweus
money;20) any costs incurred if youare unable to make a connection to the contact telephone
number provided;21) the recovery of the carand passengers if repairs can be carried out at or near the scene of
the breakdownwithin the same working day. If recovery takes effect wewill only recoverto one address in respect of any one breakdown;
22) overnight accommodation or car hire charges if repairs can be carried out at or near thescene of the
breakdown
within an agreed time;23)
claims
not notified and authorised prior to expenses being incurred;24) the charges of any other company (including police recovery) other than
our
rescue
operator
or of car hire or accommodation charges except those authorised byus
;
25) any damage to the caror trailer, or their contents whilst being recovered, stored orrepaired and any liability or any loss arising from any act performed in the execution of theassistance services provided;
26) any charges where you, having contacted us, effect recovery or repairs by other meansunless
we
have agreed to reimburseyou
;27) the recovery of any
trailer
where the total length exceeds 7 metres (23 feet) and where it isnot attached to the
car
with a standard towing hitch;28) any request for service where remedial action has not been taken within 2 working days
following a previousbreakdown
or temporary repair being made, unless in transit betweena temporary repair and repairing garage;
29) more than six callouts perpolicy
per year;30) claims totalling more than 15,000 in any one year;
31) any cost recoverable under any other insurance policythat youmay have;32) storage charges; except those specifically stated under AXA European benefit.33)
cars that are not secure or have faults with electric windows, sun roofs or locks notworking, unless the fault occurs during the course of a journey and yoursafety iscompromised;
34) assistance if thecar
is deemed to be illegal, untaxed, uninsured, unroadworthy, ordangerous to transport;
35) recovery of thecar
oryour
transport costs to return thecar
toyour
home once it has beeninspected or repaired;
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36) any cost that would have been incurred if no claimhad arisen;37) the cost of draining or removing contaminated fuel;38) a request for service following any intentional or wilful damage caused by youto your car;39) service where glass or windscreens have been damaged or broken as a result of an
accident, theft, or act of vandalism;40) any cover which is not specifically detailed within this
policy
;41) fines and penalties imposed by courts;42) any
claim
where theduration
of a single trip is planned to or subsequently exceeds 90days.
Conditions under this Section
With regard to any claimunder this section:
1)We
will provide cover if:
youhave met all the terms and conditions within this insurance; the information provided to us, as far as youare aware, is correct.
2)Youmust not transfer the policyto anyone else;
3) The driver of the carmust remain with or nearby the caruntil help arrives;
4)We
can request proof of outbound and inbound travel dates;5)We
must be advised, as soon as possible at the time of contactingus
for assistance, ifyour
car
is fitted with alloy wheels. Ifwe
are not advised andwe
are unable to provide theservice promptly or efficiently through the
rescue operator
who will be assistingyou
,you
will be charged for any additional costs incurred;
6)Cars
unable to carry a serviceable spare wheel or an aerosol repair kit will be recovered toan appropriate local garage only. An
excess
of 40.00 must be paid as soon as possible bycredit/debit card before assistance can be provided;
7) Ifwe
are able to repairyour car
roadside,you
must accept the assistance being providedand immediately pay for any parts supplied and fitted, by credit card;
8) If a call out is cancelled by youand a recovery operator has already been dispatched, youwill lose a call out from your policy. Werecommend youto wait for assistance to ensurethe
car
is functioning correctly. Ifyou
do not wait for assistance and thecar
breaks down
again within 12 hours, youwill be charged for the second and any subsequent call outs;9)
We
have the right to refuse to provide the service ifyou
oryour
passengers are beingobstructive in allowing
us
to provide the most appropriate assistance or are abusive toour
rescue controllers
orour recovery operators
;10) If, in
our
opinion, thecar
is found to be unroadworthy due to lack of maintenance, unlessservicing records can be provided,
we
may terminateyour policy
immediately notifyingyou
,by letter to yourregistered address, of what action wehave taken;
11) The repair must be carried out if the caris recovered to a dealership and the dealershipcan repair the carwithin the terms stated. Youmust have adequate funds to pay for therepair. If youdo not have funds available, any further service related to the claimwill bedenied;
12)You
must have adequate funds to pay for alternative transport or overnight
accommodation costs. If youdo not have funds available, any further service related to theclaim
will be denied;13) If the
car
is beyond economical repairwe
have the option to offer themarket value
of the
car
toyou
and pay for alternative transport home;14) The transportation of livestock (including dogs) will be at the discretion of the recovery
operator. Alternative transport can be arranged butyou
will need to pay for this service bycredit or debit card;
15) If youhave a right of action against a third party, youshall co-operate with usto recoverany costs incurred by
us
. Ifyou
are covered by any other insurance policy for any costs
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incurred by us, youwill need to claimthese costs and reimburse us. Wereserve the right toclaim back any costs that are recoverable through a third party;
16)Wewill not be liable for any delays or losses youincur ifyouare unable to make atelephone connection to us.
We may:
reserve the right to charge youfor any costs incurred as a result of incorrect location detailsbeing provided;
cancel the policyby sending 7 days notice to yourlast registered address.
You may:
Shouldyou
wish to contactus
, emailus
at [email protected] or callour
AXA Help Teamon 0871 230 6666*. Please send
your
correspondence toour
head office: AXA Rescue, c/oAXA Assistance (UK) Ltd, 106 118 Station Road, Redhill Surrey, RH1 1PR.
Financial Services Compensation Scheme
We
are covered by the Financial Services Compensation Scheme (FSCS).You
may be entitled tocompensation from the scheme if
we
cannot meetour
obligations. This depends on the type of
business and the circumstances of the claim. Insurance advising and arranging is covered for100% of the first 2,000 and 90% of the remainder of the
claim
, without any upper limit. Forfurther information visit www.FSCS.org.uk.
Service Provider and Insurer
This service is provided on behalf of AXA Insurance by AXA Assistance (UK) Ltd, RegisteredCompany Number 2638890 and is underwritten by Inter Partner Assistance SA, RegisteredCompany Number FC008998
Inter Partner Assistance SA is authorised by the Commission Bancaire, Financire et desAssurances (CBFA) in Belgium (their regulatory arm) and regulated by the Financial Services
Authority (FSA) in the UK, an independent non-governmental body, given statutory powers bythe Financial Services and Markets Act 2000. The address of the FSA is 25 The NorthColonnade, Canary Wharf, London E14 5HS, UK. Information can be obtained either by phoningto their Consumer Helpline 0845 606 1234 (local call rates) or by visiting the following website:www.fsa.gov.uk. This document sets out the terms and conditions of
your
breakdown
cover andit is important that
you
read it carefully.
http://www.fsa.gov.uk/http://www.fsa.gov.uk/http://www.fsa.gov.uk/ -
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Section M - Lost Car Key Cover Option
This section only applies if youhave agreed to pay any additional premium and the schedulestates that this section is in force.
DefinitionsFor the purposes of this section only the following definitions apply (and where applicablereplace any definitions shown elsewhere in this
policy
document):
Car Key(s)
A key, fob, entry card or other device designed and made by themanufacturer to access and start the insured car.
Lock(s)
The mechanism within thecar
operated by thecar key
.
Loss/Lost The car keyhas been accidentally left by you in a location or youarepermanently deprived of its use.
Network A garage or vehicle dealer that weappoint.
We will pay:
in the event of the lossor theft of your car keythe cost of replacing the car key(upto 300). If the car keycannot be replaced wewill pay for replacing the locksof
your car(up to 1,500). If the lost car keysor locksare parts which are no longer
available, wewill pay an amount equal to the cost shown in the manufacturers
latest price guide, together with reasonable fitting costs.
for the cost of transporting your carto our networkor to yourhome in the event ofthe lossor theft of your car key(UKonly).
Ifyour car key
islost
or stolen atour
optionwe
will useour network
to replace thecar key
orreplace the
locks
ofyour car
. Ifyou
choose not to use themwe
may not pay more thanour
network
would have charged andwe
may choose to settle the claim by a financial paymentequivalent to that cost
our
network
would have chargedus
.
Wemay also, at ouroption, pay reasonable costs to obtain a spare key from yourhome if themaincar keywas lostwhen youand your carare a long distance from yourhome and youdonot have another car keywith you.
Wewill not pay more than the lesser of the market valueof the carif the cost of replacing yourcar keyand/ or replacing the locksof your carexceeds the market valueof your car, subjectalways to the overall maximum amounts specified above (300 for the
car keys
or 1,500 forreplacement
locks
).
If thecar
is provided under Section J (Courtesy Car Option)you
may not choose the method ofrepair or replacement of the
car keys
orlocks
.
We will not pay:
1. The first 50 of each claim;2. For any expense incurred as a result of not being able to use your car key, or any loss
other than the replacement of the car key or costs of the replacement locks;3. For costs relating to a damaged car keyor lock;4. For the cost of any alternative transport under this section;5. For any expense caused by theft or attempted theft if the
car key
was taken by amember of the policyholders family or household, or taken by an employee or ex-
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employee of the policyholder or owner of the car. Except if that person is convicted ofthe theft;
6. For any claim if, at the time of the incident, it was under the custody or control ofanyone with yourpermission who is not covered under this policy;
7. For any claim if thecar
is not legally owned by the policyholder or their spouse, civilpartner,
partner
, child or parent unless thecar
is provided under Section J (Courtesy CarOption);
8. For loss of use or other indirect loss;9. For loss or damage caused by wear and tear or loss of value;10.For any theft claims which have not been reported to the Police and a crime reference
number obtained;11.For any claim if the costs or payments are recoverable from any party, under the terms
of any other contract, guarantee, warranty, or insurance;12.For transporting the driver, passengers, pets and or goods.
Whereyour car
is not toUK
specification (originally manufactured for sale as new in theUK
)and any part, unit, or accessory of
your car
becomes unobtainable or obsolete in pattern andtherefore out of stock in the
UK
,we
will not pay for the following:
increased repair and replacement part, unit, or accessory costs due to non-
availability and/or waiting time delivery. Storage costs awaiting commencement of the repair to your car
You must:
Comply with the following conditions and the general conditions to have the full protectionunder this section. If
you
do not comply with themwe
may atour
option cancelyour policy
orrefuse to deal with
your
claim or reduce the amount of any claim payment.You
, allnamed
drivers
and anyone else seeking to make a claim under thispolicy
must:
1) not unreasonably withholdyour
consent forus
to proceed with the repair toyour
car
after
we
have obtained an estimate fromour network
and in no case withholdyour
consent formore than thirty days after receipt of that estimate;
2) uponour
request and within thirty days, provideus
or thenetwork
with any formaldocumentation for proof of vehicle and personal identity in order for usto fulfil yourclaimfor re